terraced party wall confusion

gevict99

I live in a mid terraced house. Neighbour has painted his exterior house wall a different colour to mine, which is his right but he has painted over all the party wall, meaning he has crossed the boundary and painted my side of party wall his colour too.

His house roof is higher than mine because we are built on a hill, therefore the higher part of his roof sits on top of all the party wall. My roof is not connected to the higher part but the rest of my house is connected to his wall underneath his higher roof.

He has painted down the entire wall from the roofs alignment, therefore painting on my 4 and half inches of the party wall boundary where our properties do connect.

 Is he right to do this or should he have painted to only the middle of the boundary on the party wall?.

Does his higher roof means he owns all the party wall?

The paint on this small amount of wall seems trivial but he is now trying to say I have to move my garden boundaries in line with his paint  and that the gardens are wrong and some of my garden belongs to him. and has advised me to take some of my neighbours garden the otherside.

I do not agree with this and believe all the gardens in the row are measured from the middle of the party wall boundary, i have measured from this point and all our gardens as they are match up to this boundary. I  believe they have been this way since they were built and can prove this for 50 years at least.

Is he right ?  Is the boundary line from his roof point or the middle of the party wall? Does his roof line overide my party wall rights.?

Could his higher roof be classed as flying freehold?

I have lived here for 25 years and I don't need all this agro. If anyone can help in this matter I would greatly appreciate it.

I have attached photo's to help clarify my ramblings. The one with the stick is trying to show the middle of party wall boundary.
(Images removed by Forum Team)

propertyrental

Very hard to see from the pictures where the party wall is. Is the chimney above yours? His? shared? Often they are shared with each house having a fireplace and utilising half the chimney which would indicate where the boundary is.

DE_612183

I think the chimney is shared and if you drew a line down the middle from the middle of the chimney you'd get to the stick - basically the OP has 2 different roof heights ( I would suspect that the neighbour doesn't "own" all the higher roof ).

pinkshoes

In this scenario I would say the boundary wall edge is exactly as it has been painted, lining up with the edge of the higher roof.

It would look odd and not make sense to have it half way across the wall thickness (so about half a brick to the right). 

Is this not a shared space? Do you have right of way over each others space?

MeteredOut

It sounds like any conflict is actually going to be over the garden area. What do the title deeds say in regards to boundaries?

gevict99

thank you for your comments

the neighbours paint line is in line with the inside wall of my house, so half a brick must be added over his paint line to make my side of the party wall.
measuring inside and out brings the middle of party wall where stick is. thats why I asked if his roof being on top of it made the whole of the wall his, but i believe thats not possible as party wall means by definition it is a shared wall?

the chimney serves us both, half his and half mine.

how would i find out if some of his roof is mine?

attached another picture of chimney and roof, is it possible for you to enlarge it to see better?

bobster2

Very simple idea to stop this paint demarcation line appearing to indicate the position of the boundary for the garden....

Paint your side of the wall in exactly the same colours! Cream up top - brick red at the bottom.

Albermarle

DE_612183 said:

I think the chimney is shared and if you drew a line down the middle from the middle of the chimney you'd get to the stick - basically the OP has 2 different roof heights ( I would suspect that the neighbour doesn't "own" all the higher roof ).

Yes the Chimney appears to be 75% on the neighbours higher roof, which as you say would indicate that the OP actually has a small portion of the higher roof on their side.
As you would naturally consider each roof to be standalone, you can see how the exact boundary situation is arguable. 
OP - what about other houses in the terrace, do they all look the same in this respect?